Hamilton v. Beretta U.S.A. Corp.
96 N.Y.2d 222 (N.Y. 2001) Cited 395 times 2 Legal AnalysesHolding that handgun manufacturers do not owe a duty of reasonable care in the marketing and distribution of their handguns to persons injured or killed through the use of illegally obtained handguns, but leaving open the question of retailers' liability
Rastelli v. Goodyear Tire Co.
79 N.Y.2d 289 (N.Y. 1992) Cited 235 times 6 Legal AnalysesHolding there is no duty to warn about another manufacturer's product when defendant manufactured only sound products and had "no control over the production" of the defective products at issue in the case
Kennedy v. McKesson Co.
58 N.Y.2d 500 (N.Y. 1983) Cited 201 timesHolding that "when there is a duty owed by defendant to plaintiff, breach of that duty resulting directly in emotional harm is compensable even though no physical injury occurred"
Caronia v. Philip Morris USA, Inc.
2013 N.Y. Slip Op. 8372 (N.Y. 2013) Cited 48 times 4 Legal AnalysesFinding plaintiffs failed to allege present damages due to future risk of cancer caused by smoking
Sage v. Fairchild-Swearingen
70 N.Y.2d 579 (N.Y. 1987) Cited 52 timesStressing the physical alteration of the machinery in Robinson
Barber Lines A/S v. M/V Donau Maru
764 F.2d 50 (1st Cir. 1985) Cited 56 timesDenying recovery for purely economic damages arising out of a fuel spill negligently caused by the defendants, following long-standing precedent, beginning with Robins Dry Dock, which holds that "one who suffers only financial loss, unaccompanied by physical injury, cannot recover damages from a negligent defendant, whether or not the financial loss is foreseeable"
Broussard v. Continental Oil Co.
433 So. 2d 354 (La. Ct. App. 1983) Cited 9 timesHolding that a "small notice" on the side of a drill instructing the user to refer to the owner's manual for safe operation was an adequate warning